Schedule 2New Schedule 2 inserted

(1)If, under Schedule 1 of the District Courts Rules 2014, the District Courts Rules 2009 (the 2009 rules) continue to apply to a proceeding, the District Courts Fees Regulations 2009 (as in force immediately before 1 July 2014) continue to apply to that proceeding, but only while the 2009 rules continue to apply to that proceeding.

(2)However,—

(a)if a notice of pursuit of claim or a notice of pursuit of counterclaim is filed on or after 1 July 2014, no filing fee is payable under the 2009 rules:

(b)if a notice of pursuit of claim or a notice of pursuit of counterclaim was filed before 1 July 2014 but as at 1 July 2014 a judicial settlement conference or a short trial has not taken place, then no fee is payable for whichever of the following is the first to occur on or after 1 July 2014:

(i)a judicial settlement conference:

(ii)a short trial:

(c)no filing fee is payable in respect of any of the items listed in clause 5(3) of Schedule 1 of the District Courts Rules 2014.

Michael Webster,Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 July 2014, amend the District Courts Fees Regulations 2009 (the principal regulations). The majority of amendments made by these regulations are consequential on changes made by the District Courts Rules 2014, which also come into force on 1 July 2014. One substantive change is the introduction (in Schedule 1 of these regulations) of a fee of $900 for scheduling a judicial settlement conference. This fee replaces the current fee of $900 covering the filing of a pursuit of claim (now abolished by the District Courts Rules 2014), the claim allocation process, and the short trial or judicial settlement conference. Another change involves the exemption by regulation 4 of applications under the Policing Act 2008 from the requirement to pay fees under these regulations. Regulation 8 inserts new regulations 10E to 10G into the principal regulations (dealing with the prepayment and refund of the judicial settlement conference fee, and the effect of failing to pay the fee). There are also detailed transitional provisions (in new Schedule 2 of the principal regulations) dealing with the application of the new fees regime to proceedings already underway on 1 July 2014.